Award No. 3591
Docket No. 3194
2-T&P-BK-'60
NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
The Second Division consisted of
the regular members and in
addition Referee James P. Carey, Jr., when award was rendered.
PARTIES TO DISPUTE:
SYSTEM FEDERATION No. 121, RAILWAY EMPLOYES'
DEPARTMENT, A.F. of L.-C.I.O.-(Blacksmiths)
THE TEXAS AND PACIFIC RAILWAY COMPANY
DISPUTE: CLAIM OF EMPLOYES:
1. That under the current agreement the following employes were
improperly furloughed:
W. E. Scarlett and Sid Cowart-Blacksmiths
S. L. Brooks, Will Minneweather and L. G. DownsBlacksmith Helpers.
2. That accordingly the Carrier be ordered to compensate W. E.
Scarlett, S. L. Brooks, Will Minneweather and L. G. Downs four
(4) days' pay at the applicable rate and that they be ordered to
compensate Sid Cowart two (2) days' pay at the regular rate.
EMPLOYES' STATEMENT OF FACTS: The Texas and Pacific Railroad, hereinafter referred to as the carrier, has a mechanical department and
a reclamation plant located at Marshall, Texas, in each of which was located a
blacksmith shop. Prior to May 15, 1948, there were two seniority rosters for the
blacksmiths and helpers, one for the reclamation plant and one for the mechanical department. May 15, 1948, a Memorandum of Agreement was signed consolidating these two seniority rosters, giving prior rights to the men in each
department. Upon signing of the new agreement dated September 1, 1949, this
memorandum agreement became Rule 20, paragraph (a) 1, which reads as
follows
"Mechanics, helpers and apprentices employed in the Reclamation
Plant prior to May 15, 1948, shall hold prior rights to positions in their
respective crafts in the Reclamation Plant. Mechanics, helpers and apprentices employed in the Maintenance of Equipment Department prior
to May 15, 1948, shall hold prior rights in their respective crafts in
the Maintenance of Equipment Department".
[8827
3591-13
On the property it was contended the notice lacked one day of
being sufficient to meet the 72 hour requirement contained in Rule
22 (b) because it was posted on Friday, June 25, 1954, one of claimant's rest days and while he was off duty by reason thereof. The
seventy-two hour requirement in Rule 22 (b) is in no way qualified
by relating it to work days. We think the rule contemplates the seventy-two hour notice may be posted at any time and will be effective
as to all employes affected thereby whether they are, at the time,
either off or on duty. See Award 1469 of this Division.
It is the organization's thought that the words `men affected,' as
used in Rule 22 (b), and of whom a list is to be furnished the local committee, includes all employes affected thereby whether because of the
fact that their positions are being abolished or because of the fact that
they are being displaced, in the exercise of their seniority, by those
whose positions are being abolished. Occupants of positions being abolished in a reduction of force by the carrier may either lay off or exercise seniority as per Rule 24 of the parties' agreement. See Rule 22 (a)
thereof. We think the language used in Rule 22 (b) should be applied
to the subject of the bulletin to which it relates. In that sense the
`men affected' are those who position are being abolished. If we were
to extend its meaning beyond that subject, and relate it to all employes
who might become affected because of the fact that the men whose
positions were being abolished might have and would exercise their
seniority, we would place on the carrier an almost impossible, and
certainly an impractical requirement, for carrier would then have to
anticipate what each employe was going to do. We do not think such
was either the intent, meaning or purpose of the language used.
When the bulletins advised all employes concerned of what positions were being abolished, and who occupied them, carrier thereby
sufficiently informed them of the possibility that they might be displaced from the positions they then held by the men, whose positions
were being abolished, exercising their seniority. That is exactly what
happened here. In such instances the rules do not require a seventytwo hour notice.
We think the bulletin posted, copies of which were furnished the
local committee, fully met the requirements of 22 (b). In view thereof
we find the claim to be without merit."
For the reasons stated above, the carrier respectfully requests the Board
to deny the claim in all respects.
FINDINGS: The Second Division of the Adjustment Board, based upon
the whole record and all the evidence, finds that:
The carrier or carriers and the employe or employer. involved in this dispute are respectively carrier and employe within the meaning of the Railway
Labor Act as approved June 21, 1934.
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
3591-14
895
The principle involved in this case was fully discussed and correctly determined in our Award No. 2274. In view of what was said there, in which we
concur, the instant claim lacks merit.
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of SECOND DIVISION
ATTEST: Harry J. Sassaman
Executive Secretary
Dated at Chicago, Illinois this 8th day of November 1960.
DISSENT OF LABOR MEMBERS TO AWARD NO. 3591
The majority in Award 3591 have based their denial award on determinations set out in a previous award (2274). Thus the majority continue to compound error by continued promulgation as dictum that which is false and
erroneous.
The majority here again improperly assert that the so-called "abolition of
positions" can be used as a device to negate the Reduction in Force Rule (Rule
18) providing that "Four days' notice will be given employe affected before
reduction is made * * *."
The majority in reaching this erroneous conclusion have for all practical
purposes removed Rule 18 from the agreement.
We dissent.
Edward W. Wiesner
R. W. Blake
Charles E.
Goodlin
T. E. Losey
James B. Zink